Till the codification of hindu law in 1995 and 1956 the hindu women did not enjoy equal rights along with the hindu men. The true nature of law lies in its integral relationship with religion, though the two are different entities and have different roles to. Jurisprudence and even now it shows no signs of decrepitude. Before 1995 polygamy was prevalent among the hindus. It is considered as a landmark in the history of social legislation. B family law hindu law unit i revision study notes for ll. The hindu marriage act of 1955 has reformed the marriage according to hindu law. Hindu law explained nature, scope and sources of hindu law. It has also introduced many important changes in many aspects. A hindu son is thus a saviour from hell punttam narkaat trayntey iti putrah meaning thereby that only his son salvates men from the tortures of hell. So the sources of dharma are the sources of hindu law. The hindu law is credited to be the most ancient law system which is approximately 6000 years old. The court explored the relevant classical hindu law of adoption prevalent.
According to manu there are four sources of hindu law as per following details, in addition to these four there was also that what is agreeable to ones conscience such as shruti, smriti, digest and commentaries, custom and usages. Hinduism is a compilation of many traditions and philosophies and is considered by many scholars to be the worlds oldest religion, dating back more than 4,000 years. The institution of joint hindu family is very ancient. Therefore, it takes the meaning of what is established or firm, and hence law. Hindu law, though believed to be of divine origin, is based essen. The institution of hindu marriage is one of the noteworthy contributions of ancient hindu sociologists in the realm of hindu social organisation. The nature and the scope of hindu law are described below. The ancient hindu social structure and its continuance in modern times is, to a great extent, outcome of the hindu philosophy and religion. Founder of mitakshara school vijaneshwar said, sources are the means of knowing law.
But the secular nature of the acts have been modified to suit the religious preferences of a brahmin community. Essay on the nature of hindu marriage worlds largest. Those persons who are not mussalman, chistain, parsi or jew. Hence, dharma holds one from falling down or falling to hell. Modern hindu law includes both hindu by birth and hindu by religion under the term hindu.
Live in relationship and a relationship in the nature of marriage. It is the technical anglo mohammedan term for its equivalent mehr in arabic. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. The dissolution of a hindu marriage by divorce 369 aspects of hindu law can be brought into the mainstream legal system of south africa through the oper ation of the courts. A treatise on hindu law and usage john dawson mayne. The indian soil has not only been productive in deep thinkers, eminent founders of world religions and gifted poets, but it has brought forth a system of law, which, after having spread over the whole vast continent of india, has penetrated at an early period into burma and siam, and has become the. It is governed by the hindu succession act of 1956, it is a codified law passed by the parliament of india related to the intestate unwilled property, to amend and regulate the intestate and testamentary succession under the hindu law but in.
Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. You will be glad to know that right now mulla principles of hindu law pdf is available on our online library. The indian soil has not only been productive in deep thinkers, eminent founders of world religions and gifted poets, but it has brought forth a system of law, which, after having spread over the whole vast continent of india, has penetrated at an early period into burma and siam, and has become the foundation of. According to the learned author, wherever the laws of india admit operation of a personal law, the rights and obligations of a hindu are determined by hindu law, i. It has not simply codified the hindu law of marriage but has introduced certain important changes in many respects.
The hindu vedas, puranas, upnishads, ramayana, mahabharata and other earliest of extracts of the religion extensively exhibit holistic cosmic vision with strong environmental. We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. Sources of hindu law the sources of hindu law can be classified under the following two heads. Mulla principles of hindu law pdf mulla principles of hindu law pdf are you looking for ebook mulla principles of hindu law pdf. Western philosophy, on the other hand, treats man and nature as separate entities believing that the former has the prerogative to exploit the latter. It is derived from an older vedic sanskrit nstem dharman, with a literal meaning of. Dower or mehr is a sum that becomes payable by the husband to the wife on marriage either by agreement between the parties or by the operation of law. It is a landmark in the history of social legislation.
The concept of dharma the sanskrit word for ethics is dharma to hold. In the present article, the scope will be restricted to finding out the sources of hindu law, and critique on some of the definitional aspects of the sources and a general critique of the sources. The hindu law of inheritance amendment act, 1929 the hindu marriage disabilities removal act, 1946 the hindu married womens right to separate residence and maintenance act, 1946 the hindu widows remarriage act, 1856 the hindu womens rights to property extension to agricultural land act, 1943. As in china with confucianism, hinduism in india is an ancient system of thought, with religious, philosophical, and social underpinnings, that has served as a guiding force in society to control human conduct. Hindu law, though believed to be of divine origin, is based essentially on. While it is a high textual tradition, it incorporates divergent folk tradition. Also, this law has not only codified hindu marriage law.
Fourthly, the completion of the hindu marriage requires the performance of certain religious rites like homa, panigrahana, saptapadi etc. The concept of hindu law is deeply rooted in the hindu philosophy and hindu religion. It is one of the oldest known jurisprudence theories in the world. The entire hindu pantheon is intrinsically associated with one aspect of nature or the other. Sources and schools of hindu lawand muslim law free download as powerpoint presentation. The sources of hindu law can be kept under two headings. The ultimate aim of life, according to hindu law is to achieve salvation or moksha from the physical world. Indian sociology has for long been a subject of lively activity among anthropologists working in the field. Aradhya gupta in this video,we have discussed the introduction of hindu law.
Hindu marriage act, 1955 has reformed hindu law of marriage. Pdf the dissolution of a hindu marriage by divorce. It has evolved from the ancient patriarchal family which can be described as the earliest unit of human society. Their activities have been devoted the study of existing institutions, in all their. The hindu law is one of the most ancient and primitive laws that are still prevalent in todays era and also known to the world at large. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Hinduism projects nature as a manifestation of the almighty and that he permeates all beings equally. So conceived rta could be seen as law the law of the natural world and of human beings. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma according to hindu texts embraces everything in life.
Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era indian texts. When the hindu descends from the adoration of the absolute and takes to the worship of a personal god, his god has always a consort. Administrative appeals tribunal act 1975 australia. Chapteriv codification of hindu law nature gave women too much power, the law gives them too little will henry as there is no richter scale or measuring rod available to measure the position of women in a society, the best way to ascertain that is by taking a close look at the legal rights enjoyed by them. Hindu law is based on tradition and analytical in nature. With our online resources, you can find mulla principles of hindu law or just about any type of ebooks. The hindu system of jurisprudence is a welldeveloped science. But in a secular point of view it is a manmade institution of control. Under the classical law, coparcenary consisted of the senior most male called last holder and his lineal male descendants down to the three generations which includes his son, grandson and greatgrandson, these members have a right by birth in the joint hindu family property and have a right to ask for partition of the same. Hence, satyajeet a desai in his reworking of mullas principles of.
The manusmriti, or laws of manu, is an important statement of hindu law. The eternal path consists of inquiry and rational investigation into the nature of the ultimate. Hinduism does not render the upholders of such views unfit to be recognised as pious and honourable members of the hindu religious society. Thus at present circumstances the nature of marriage is neither completely sacred nor completely agreement.
Hindu law, though believed to be of divine origin, is based essentially on immemorial custom and many of the acts of the people which were purely of a secular nature. Women in hindu law hindus have considered personal law based on the dharmashastra, a part of their religious tradition reporter, 2010 11. Classroom live lectures edited, enlarged and updated. According to wilson, dower is a consideration for the surrender of person by the wife. Secondly, the hindu marriage implies that the martial bond is permanent in nature. Hindu law has thus assigned a very important status to the male child, who plays a key role for the salvation of his parents and his deliverance from sufferings of the hell. Hinduism does not condemn those who deny god as the creator and ruler of the world, who do not accept the existence of an eternal soul and the state of moksha or state of liberation. It is a collection of laws governing individuals, communities and nations and is an important and somewhat. Hindu law has not been made by legislature but it is the law made by the divine being and which has been rebuilt in the vedas. Class notes on family lawhindu law 1 unit i 1st sem 3 year. Hindu philosophy has always had a humane and dignified view of the sacredness of all life, and that humans are but one link in the symbiotic chain of life and consciousness. Hindu marriage as a religious sacrament your article library. Article 1 of india s constitution provides that when the constitution entered into force, all previous laws that were inconsistent with the constitution were considered void.